Patna High Court
Uday Raj UdayversusDr. Usha Vidyarthi
- Decided
- Disposal
- DISMISSED
Holding
The appeal is dismissed as there is no perversity in the appointment order and the matter remains pending before the Chancellor.
Summary
The dispute arose when Dr. Usha Vidyarthi challenged the appointment of Prof. In‑Charge Uday Raj at Mahila College, alleging that seniority rules were ignored. She filed a writ petition seeking to quash the appointment order and obtain a stay. The Single Judge ordered that the appointment order be kept in abeyance until the appeal before the Chancellor was decided. The appellant, Uday Raj, appealed this stay, contending it caused him prejudice and requesting early disposal of the appeal. The High Court examined whether the impugned order was perverse or unlawful and whether any delay justified intervention, concluding that there was no perversity and the matter was still pending before the Chancellor. Accordingly, the Court dismissed the letters‑patent appeal and ordered that any pending applications be disposed of.
Issues considered
- Whether the appointment order violating seniority should be kept in abeyance pending the appeal before the Chancellor.
- Whether the impugned appointment order exhibits perversity warranting interference by the Court.
- Whether the appeal requires an order for early disposal.
Subjects
- appointment
- seniority
- university administration
- letters patent appeal
- writ jurisdiction
- abeyance
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.638 of 2025
In
Civil Writ Jurisdiction Case No.9240 of 2025
======================================================
Uday Raj Uday Son of Ramnath Sharma, resident of Village and Post-
Amnara, P.S.- Amraha IIT, District- Patna, presently posted as Professor
Incharge, Mahila College, Khagaul, Patna.
... ... Appellant/s
Versus
1. Dr. Usha Vidyarthi Wife of Umesh Kumar Vidyarthi, Resident of Defence
Colony, 140, Near Tempoo Stand, Kankarbagh, P.S.- Kankarbagh, District-
Patna - 800020.
2. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
3. The Chancellor of Universities, Bihar, Raj Bhawan, Patna.
4. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
5. The Principal Secretary to Governor Cum Chancellor, Raj Bhawan, Patna.
6. The Vice Chancellor, Patliputra University, Patna.
7. The Registrar, Patliputra University, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kinkar Kumar, Advocate
Mr. Sunil Kumar Karn, Advocate
For the Chancellor : Mr. Amish Kumar, Advocate
For the State : Mr. AC to AAG -13
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 09-01-2026
The Letters Patent Appeal has been filed by the
appellant Dr. Uday Raj Uday, who was the respondent no. 7 in
the writ petition, challenging the order dated 12.06.2025 of the
learned Single Judge passed in C.W.J.C. No. 9240 of 2025.
Patna High Court L.P.A No.638 of 2025 dt.09-01-2026
2/4
2. The Respondent No.1 Dr. Usha Vidyarthi filed
the writ petition with the following prayer:
I. For issuance of appropriate writ / orders
/ directions for quashing of the notification
as contained therein the Memo No.
R/PPU/858/25 dated 04.06.2025 whereby
Shri Uday Raj Uday has been appointed as
Prof. In-Charge in Mahila College,
Khagaul in complete disregard of the
seniority of the petitioner.
II. For issuance of appropriate writ /
orders / directions to stay the operation of
the Memo No. R/PPU/858/25 dated
04.06.2025 during the pendency and till the
disposal of instant application.
III. For issuance of appropriate writ /
orders / directions to Respondent to take
action and pass a speaking order on the
representation dated 09.06.2025 filed by the
petitioner within a period of 3 weeks.
IV. For any other consequential relief or
reliefs to which the Petitioner is entitled in
the facts and circumstances of the case
during the course of hearing of the instant
writ petition.”
3. The learned Single Judge after considering the
submission made by the learned counsel for the Respondent No.
Patna High Court L.P.A No.638 of 2025 dt.09-01-2026
3/4
1 Dr. Usha Vidyarthi and the learned counsel appearing for the
Respondent Nos. 6 and 7 has been pleased to quote in paragraph
no. 5 in its entirety as follows :
“Considering the submissions made by
learned counsel for the parties, I feel it
expedient to request the learned Chancellor
to dispose the appeal preferred by the
petitioner, in accordance with law and as
early as possible. It is pertinent to mention
here that until the appeal is disposed by
Hon’ble Chancellor, the impugned order
dated 04.06.2025, annexed as Annexure-P/4
to the writ application shall be kept in
abeyance.”
4. The learned counsel for the appellant fairly
submits that he has no objection for disposal of the appeal, as
was directed by the learned Single Judge by the Hon’ble
Chancellor, but he is aggrieved by the order passed by the
learned Single Judge to keep the impugned order dated
04.06.2025 in abeyance till the disposal of the appeal.
5. When we made a query to the learned counsel
for the Chancellor regarding the status of the appeal, it is
brought to our notice that the hearing has already commenced
on 10.12.2025. The first hearing has been made and the matter
is still sub-judice before the Hon’ble Chancellor. The relevant
letter produced by the learned counsel for the Hon’ble
Patna High Court L.P.A No.638 of 2025 dt.09-01-2026
4/4
Chancellor is taken on record.
6. Learned counsel for the appellant further
requests that necessary order be passed for early disposal of the
appeal. We find that there is no inordinate delay and the matter
is still under consideration. As such, no such order is required to
be passed in that connection.
7. Since we find no perversity in the impugned
order and there is limited scope of interference by this Court in
this Letters Patent Appeal, the appeal stands dismissed.
8. Pending application(s), if any, shall also stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Sudhir Singh, J)
shailendra/-
AFR/NAFR
CAV DATE NA
Uploading Date 15.01.2026
Transmission Date NA
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